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MARINE MIDLAND BANK v. PHOENIX INVS. INT'L INC.

254 A.D.2d 48 (1998)

678 N.Y.S.2d 601

Marine Midland Bank, Respondent, v. Phoenix Investments International Incorporated et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 6, 1998

Defendants were afforded sufficient notice of plaintiff's motion for summary judgment in lieu of complaint by timely service of plaintiff's motion papers. Nor was their opportunity to be heard unduly curtailed; they submitted papers in opposition to the motion and were represented in court upon the motion's argument by an associate from the law firm representing them in the matter. Defendants' opportunity to be heard was not rendered...

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